Criminal Charges:
Man charged in the Worcester District Court, Worcester County, Massachusetts for:
- Strangulation or Suffocation, in violation of M.G.L. c. 265, § 15D(b)
- Disorderly Conduct, in violation of M.G.L. c. 272, § 53
Case Overview:
Police were dispatched to a hospital emergency room for the report of a medical staff member being choked by a patient. When police arrived, the alleged attacker was on the floor struggling and resisting the staff’s attempt to restrain him while screaming and threatening to kill everyone around him. Police continually ordered the man to stop resisting, he failed to comply. For the safety of those around him, one of the officers deployed his taser to subdue the man. Although this stopped the man’s physical resistance, he continued with verbal threats. Once the man was restrained, police spoke to a hospital staff member who informed police the man came into the emergency room after displaying suicidal ideations, and while attempting to care for him, the man suddenly placed both hands around a staff member’s neck and began to squeeze impacting his ability to breathe. The attacker was both arrested and charged in Worcester District Court with Strangulation or Suffocation (felony) and Disorderly Conduct. He retained Massachusetts Criminal Defense Lawer, John L. Calcagni III, and his team to represent him in his case.
Case Result: One (1) Year Continuation Without a Finding.
Although he had a defense due to his state of mind at the time of the conduct, the man did not want to proceed to trial. Instead, he wanted to resolve his case with a pretrial disposition so he could move on with his life. The victim appeared before the court and advocated for the man to serve time in jail. Attorney Calcagni and his team overcame this challenge by successfully persuading the Court to continue his case without a finding (CWOF) for a period of one (1) year with the conditions that he continue with mental health treatment. If the man complied and is not charged with a new offense during the CWOF period, the case will be dismissed at the end and eligible to be sealed.
